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It is common knowledge that special missions differ in their staff, aims and type of activity. That is why they are classified according to particular criteria and, consequently, there are different approaches to these classifi­cations in papers and research on International Law.

The existence of diplomatic or consular relations does not necessarily entail the acceptance or the sending of a special mission. Furthermore, the acceptance or the sending of a special mission are also unconnected with the institute of recognition, which is a necessary legal precondition for establi­shing international relations. It enables States to use this form of diplomacy under any conditions and at the same time States are free from all obliga­tions apart from those provided by the activity of a particular mission.

There is one more important issue as regards the duration of privileges and immunities enjoyed by Heads of missions and staffs of the mission. According to paragraph 1, Article 43 of the Convention every member of a special mission entitled to privileges and immunities shall enjoy them from the moment he enters the territory of the receiving state upon taking up his post, or if already in its territory, from the moment when his appointment is notified to the Ministry of Foreign Affairs or any other ministry as may be agreed. The seventh Chapter analyses Diplomatic Law within international or­ganisations. International intergovernmental organisations are set up by States as a forn. of multilateral cooperation as and when the need arises. Their status as subjects of International Law, their aim, authority and the structure of their bodies as well as other factors, depend on the will of the States involved.

Admittedly, international organisations realise "active and passive rights of Ambassadors" in a slightly different way than States do, but these are conditioned by virtue of their status as subjects of International Law and the limited functional needs of these organisations. Where the activity of international organizations is concerned, State missions to international organisations fall into two groups: permanent and temporary missions. The staff of permanent missions accredited to particular international organiza­tion are almost the same as the staff of permanent diplomatic missions. Temporary missions which are called delegates, experts, etc., are sent ad hoc to participate in the work of the session of an international organisation or its main bodies or conferences convened by said organisation.

States which are not member States to this organisation are allowed to establish permanent missions of observers with a view to providing the mission of the sending State with the protection of its interests within the organization as well as maintaining links with it.

The eighth Chapter is devoted to Consular Law. The author stresses that unlike Diplomatic Law, Consular Law up to the beginning of the XX century existed in the form of Customary Law, which means that it was based on customary rules and national legislation. Modern Consular Law is consi­dered to be Conventional Law as for the years past it has essentially altered scopes of its codification and application.

In modern International Law there is no legal requirement which com­mits States to establish consular relations. But then again, a refusal to es­tablish consular relations contradicts the main principles of International Law. It must be borne in mind that despite the existence of various views as to the necessity of opening a consulate, it is the receiving state that has the final say on this issue. This position is laid down in Article 4 of the Vienna Convention on Consular Relations.

The main principle set forth in the Consular Convention is expressed in the desire to achieve mutual understanding and common consent whilst the interests of both parties are considered.

There are two categories of consular posts: a consulate and an honorary consular representation. They differ radically, not in the scope of their func­tions but in the privileges and immunities which a consulate enjoys.

The structure of a consulate depends on the scope of its tasks and func­tions. Consular career staff do not have an exact classification in Interna­tional Law. That is why the conferring of consular rank is the internal affair of the accrediting State and as such is regulated by its internal legislation.

The official recognition of a consul by the Head of State of the country to which he is assigned is called the exequatur and it has the same function as the delivery of credentials in the diplomatic service. The exequatur autho­rizes the consul to discharge all the functions of his office and serves as the evidence of his official capacity to the local authorities within his consular district.

Bearing in mind that consular activity is many-sided the author presup­poses that it is possible to differentiate the functions of consuls as those that are of a general and a specific nature. It is necessary to emphasise that the list of these functions in the Vienna Convention (1963) is not exhaustive. The Convention says that a consul can exercise other functions charged to him by the sending State. Much deeper consular functions are set forth in the Consular Code of States.

In comparison with diplomatic representatives who enjoy the privileges and immunities of the receiving State independently, either they act pri­vately or exercise their functions officially, consular officials are entitled to privileges and immunities only in the discharge of their functions. That is why such jurisdictional immunity is functional and its duration is limited only to the period that the person exercises their duties.



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